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OTTAWA—The question of whether Conservative Senator Mike Duffy can be considered to reside in Prince Edward Island for the purposes of being able to represent the province remains up in the air.

The Senate Standing Committee on Internal Economy, which reported Thursday on its investigation of senators claiming secondary living expenses for their time spent in the Ottawa area, has not yet received the legal opinion it sought on whether Duffy has enough ties to P.E.I. to hold on to his Senate seat.

On Thursday, it appeared the matter had been settled as Conservative Senate leader Marjory LeBreton told reporters all senators met the constitutional requirements to keep their seats.

The Constitution says senators must not only own property worth at least $4,000 in the province for which they are appointed, but also be a resident of that same province or territory.

LeBreton said owning property was enough to meet the requirements, as that is the only stipulation mentioned on the “Declaration of Qualification” newly appointed senators sign.

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“That’s the document that secures your legitimacy to sit in the Senate,” LeBreton told reporters Thursday, adding there are no doubts the current crop of senators meet the qualifications.

Sources confirmed to the Star Friday the committee had not yet received the legal opinion on that question and LeBreton issued a statement saying she had never intended to suggest that was the case.

“The intent of my answer was not to suggest that Internal Economy has a legal opinion. Internal Economy can only deal with the question of residency as it relates to the payment of expense claims,” LeBreton said in her written statement, but then stated again the residency of Duffy is not in doubt.

“Senator Duffy maintains a residence in P.E.I. and is qualified to sit in the Senate,” LeBreton said in the statement.

“All senators conform to the residency requirements. That is the basis on which they are appointed to the Senate and those requirements have been clear for 150 years,” Harper said Wednesday.

Spokespeople for LeBreton and Prime Minister Stephen Harper did not answer questions from the Star about whether they had asked and received legal advice on Duffy separately from the legal opinion sought by the committee.

Duffy is one of three senators whose living expenses for a secondary residence in the National Capital Region were referred to external auditors by the internal economy committee, which launched an investigation following media reports last fall that he, Liberal Senator Mac Harb and Independent Senator Patrick Brazeau had inappropriately billed taxpayers tens of thousands of dollars.

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